[HISTORY: Comes from Ord.
No. 53, adopted 9-24-1963, effective 11-2-1963.]
GENERAL REFERENCES
Licenses for open-air markets — See Ch. 116.
No person shall store, sell or offer for sale within the Town
of Hempstead any pine, balsam, spruce, fir or other trees or any branch
or parts thereof which shall have been cut for use as Christmas trees
or for ornamental or decorative purposes without first having obtained
a license therefor. This section shall not apply to any person or
persons, corporations, associations or copartnerships, engaged in
the sale and cultivation of nursery trees as an established, regularly
maintained business within the Town of Hempstead.
A.
No license shall be issued for the sale of Christmas trees upon any
lot within the unincorporated area of the Town of Hempstead until
the applicant shall first have filed a cash bond in the amount of
$200 with the Department of Buildings of the Town of Hempstead, conditioned
upon the removal by the licensee or his employees of any and all rubbish,
garbage and debris of any kind from the lot, place or area upon which
the sale of the Christmas trees was conducted within 48 hours from
and after the conclusion of such sale by the licensee.
[Amended 1-7-1992 by L.L. No. 5-1992, effective 1-14-1992]
B.
The applicant shall file with the Building Department of the Town
of Hempstead a public liability insurance policy in amounts of not
less than $10,000 insuring the Town of Hempstead against claims for
injuries, including wrongful death, to any person and subject to the
same limit for each person in an amount not less than $20,000 on account
of one accident and property damage insurance in an amount not less
than $5,000 on account of any one accident and in an amount of not
less than $10,000 on account of all accidents.
[Amended 1-7-1992 by L.L. No. 5-1992, effective 1-14-1992]
The license fee shall be in the amount of $100 for each calendar
year or part thereof. Each location for the storage or offer for sale
of Christmas trees must be separately licensed.
Applicant for a license under this chapter must file with the
Building Department of the Town of Hempstead an application in the
form of a sworn affidavit in duplicate on a form to be supplied by
the Building Department, which shall give the following information:
A.
Name and description of applicant.
B.
Address of applicant (local and legal).
C.
A brief description of the nature of the business and the kind of
goods or property to be merchandised.
D.
If employed, the name and address of such employer, together with
credentials establishing the exact relationship.
E.
If applicant is a company, name and address and title of officer
of company upon whom process or other legal notice may be served.
F.
In addition to the above-written application, the applicant shall
furnish the Building Department with an owner's consent in writing
which would authorize the prospective licensee to conduct the sale
of Christmas trees on the lot, place or area intended to be used for
such sale. Such owner's consent shall be in writing duly executed
by the owner of the aforesaid lot, place or area and in a form suitable
for recording.
A.
It shall be unlawful to discontinue the sale of merchandise under
this chapter without restoring the premises used for such sale to
their original condition to the satisfaction of a Building Inspector
of the Town of Hempstead or any other person who may be authorized
by the Town Board to make an inspection of said premises.
B.
The premises used for the sale of merchandise under this chapter
shall be presumed to be restored to their original condition when
all Christmas trees or any branch thereof are removed and the aforesaid
premises are left in a "broom swept" clean condition.
C.
It shall be unlawful to cause or permit any open burning within the
area of the premises used for the sale of merchandise under this chapter.
A.
Any person or persons, association or corporation committing an offense
against this chapter, or any section or provision thereof, is guilty
of a violation punishable by a fine not exceeding $250 or imprisonment
for a period not exceeding 15 days for each such offense, or by both
such fine and imprisonment.
B.
When an offense against this chapter is continuous, each 24 hours
thereof shall constitute a separate and distinct violation.
[1]
Editor's Note: Amended 2-20-1968, effective 3-18-1968.
